Competition and Consumer Amendment (Competition Policy Review) Act 2017
An Act to amend the Competition and Consumer Act 2010, and for related purposes
1 Short title
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.7
2 Commencement
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.8
1 Section 1
27 October 2017
2 Section 2
Provisions do not commence unless the specified Act receives Royal Assent.
6 November
3 Section 3
4 Section 4
5 Section 5
6 Section 6
Schedule 9 items 1 to 103 at the same time as provisions covered by table item 2.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.9
7 Section 7
Immediate action after commencement of certain provisions.
8 Section 8
References Schedule 9, items 105 to 132.
9 Section 9
10 Section 10
Schedule 9 items 134 to 167 at the same time as provisions covered by table item 2.
11 Section 11
Schedules 10 and 11 at the same time as the provisions covered by table item 2.
12 Section 12
13 Section 13
14 Section 14
15 Section 15
16 Section 16
28 October 2017
Information may be inserted in column 3 of the table
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
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1 Subsection 4(1) (definition of competition)
Definition of competition includes goods and services from non-resident persons.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.11
Definition of competition includes goods and services.
1 Paragraph 6(2C)(h)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.12
Prohibits omission of specified provision
2 At the end of paragraph 44ZZRD(3)(a)
Acquisition of goods or services from persons or classes of persons by parties to a contract.
3 Paragraphs 44ZZRD(4)(c) to (e)
Insertion of phrase in trade or commerce
4 Paragraph 44ZZRD(4)(f)
Insert 'in trade or commerce' after 'goods'
5 Paragraphs 44ZZRD(4)(g) and (h)
6 After paragraph 44ZZRD(4)(h)
Permits acquisition of goods or services in trade or commerce if certain conditions apply.
Defines temporal interval for acquisition in trade or commerce.
7 Paragraphs 44ZZRD(4)(i) and (j)
Insert “in trade or commerce” after ‘services’.
8 Subsection 44ZZRD(4) (note)
Repeal a note and substitute with new definitions.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.13
9 Subsection 44ZZRD(5)
10 Paragraph 44ZZRD(7)(a)
11 Subsection 44ZZRO(1)
12 Subsection 44ZZRO(1)
Omit 'contract containing a cartel provision if', substitute 'contract, arrangement or understanding containing a cartel provision if the defendant proves that'
13 Paragraphs 44ZZRO(1)(a) and (b)
Repeal certain paragraphs and substitute with new provisions for joint ventures.
14 Paragraphs 44ZZRO(1)(c) and (d)
Insert ‘, arrangement or understanding’ after ‘the contract’.
15 Subsection 44ZZRO(1) (note 1)
Defendant bears a legal burden in relation to the matter in this section.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.14
Defendant believes they are not at fault
Defendant's actions can be traced back to their intentions
Defendant's actions are related to a specific time period
16 Subsections 44ZZRO(1A) to (4)
17 Subsection 44ZZRP(1)
Omit specific clause under certain conditions.
18 Paragraphs 44ZZRP(1)(a) and (b)
19 Paragraphs 44ZZRP(1)(c) and (d)
20 Subsections 44ZZRP(1A) to (2)
Repeal subsections and substitute with new obligation to prove on balance of probabilities.
21 At the end of paragraph 44ZZRD(3)(a) of Schedule 1
Prohibition on acquiring goods or services from certain persons
Forbids acquisition of goods or services from certain persons
22 Paragraphs 44ZZRD(4)(c) to (e) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.15
23 Paragraph 44ZZRD(4)(f) of Schedule 1
24 Paragraphs 44ZZRD(4)(g) and (h) of Schedule 1
Insertion of 'in trade or commerce' after 'services'
25 After paragraph 44ZZRD(4)(h) of Schedule 1
Acquisition of goods or services in trade or commerce is restricted.
Restricts acquisition of goods or services in trade or commerce.
26 Paragraphs 44ZZRD(4)(i) and (j) of Schedule 1
27 Subsection 44ZZRD(4) of Schedule 1 (note)
28 Subsection 44ZZRD(5) of Schedule 1
29 Paragraph 44ZZRD(7)(a) of Schedule 1
30 Subsection 44ZZRO(1) of Schedule 1
Omit specific clause from contract if certain condition is met.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.16
Prohibits omitting clause from contract.
31 Paragraphs 44ZZRO(1)(a) and (b) of Schedule 1
Repeal and substitute certain provisions related to joint ventures.
32 Paragraphs 44ZZRO(1)(c) and (d) of Schedule 1
Insert “, arrangement or understanding” after “the contract”.
33 Subsections 44ZZRO(1A) to (5) of Schedule 1
Repeal subsections and substitute with new requirement for proof.
Proof of matter on the balance of probabilities
34 Subsection 44ZZRP(1) of Schedule 1
Omit specific clause from contract if defendant proves certain condition.
35 Paragraphs 44ZZRP(1)(a) and (b) of Schedule 1
Repeal paragraphs and substitute with new provisions.
Prohibits cartel provision for joint ventures.
36 Paragraphs 44ZZRP(1)(c) and (d) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.17
37 Subsections 44ZZRP(1A) to (2) of Schedule 1
Prove matter on balance of probabilities to rely on subsection (1)
38 Renumbering Division 1 of Part IV of the Competition and
Renumbering Division 1 of Part IV and Schedule 1 of the Competition and Consumer Act 2010
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.18
39 Renumbering Division 1 of Part 1 of Schedule 1 to the
Renumbering Division 1 of Part 1 of Schedule 1 to the Competition and Consumer Act 2010
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.19
40 References in other Acts, instruments or documents to
References in other Acts, instruments or documents to renumbered provisions
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.21
1 Division 1A of Part IV
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.22
2 Subsections 45(1) to (3)
2(1) Subsections 45(1) to (3)
Corporation cannot engage in practices that substantially lessen competition.
Prohibition of anti-competitive practices
Temporal interval for anti-competitive practices
2(2) Subsections 45(1) to (3)
Paragraph (1)(b) applies to contracts or arrangements made before or after the commencement of this section.
2(3) Subsections 45(1) to (3)
Defines competition in relation to a provision of a contract, arrangement or understanding.
Defines a subclass of 'arrangement or understanding'
3 After subsection 45(5)
Making a contract does not constitute a contravention if it contains a provision that would otherwise be a contravention.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.23
The making of a contract does not constitute a contravention.
If the contract contains a provision that would otherwise be a contravention, it is exempt.
The making of a contract does not constitute a contravention if it contains a provision that would otherwise be a contravention.
If the contract contains a provision that would otherwise be a contravention, it is permitted.
If the contract contains a provision that would otherwise be a contravention, it is exempt during the duration of the contract.
4 Subsection 45(6)
Prohibits giving effect to certain provisions of contracts or arrangements.
Limits the scope to a specific time period.
(6) This section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding, or to or in relation to engaging in a concerted practice, by way of:
5 Subsections 45(7) and (8)
Exempts contracts, arrangements, and understandings from the application of section 7.
Permits exemptions for contracts, arrangements, and understandings.
6 Division 1A of Part 1 of Schedule 1
Repeal Division 1A of Part 1 of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.24
7 Subsections 45(1) to (3) of Schedule 1
7(1) Subsections 45(1) to (3) of Schedule 1
No person can make a contract or arrangement that would substantially lessen competition.
Prohibits making a contract or arrangement that would substantially lessen competition.
Defines a temporal interval for the provision.
7(2) Subsections 45(1) to (3) of Schedule 1
Applicable to contracts or arrangements made before or after the commencement of this section.
Paragraph (1)(b) applies in relation to...
7(3) Subsections 45(1) to (3) of Schedule 1
Applies to a provision of a contract, arrangement or understanding
8 After subsection 45(5) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.25
Excluding the provision from being a contravention.
The contract, arrangement or understanding contains a provision.
Permission to make a contract without it being a contravention.
An obligation to make a contract without it being a contravention.
The giving effect to the provision would constitute a contravention.
The provision is a subclass of a contravention.
9 Subsection 45(6) of Schedule 1
Omit specific words from a provision of a contract or arrangement.
10 Subsections 45(7) and (8) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.26
10(7) Subsections 45(7) and (8) of Schedule 1
Section does not apply to certain contracts, arrangements, or understandings
Temporal interval between subsections 45(7) and (8)
10(8) Subsections 45(7) and (8) of Schedule 1
Exemptions from application of section 10(7) and (8)
11 Paragraphs 4(2)(a) and (b)
Omit specific phrase and substitute with new phrase.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.27
12 Subparagraph 6(2)(b)(i)
Prohibits omitting specified sections and divisions.
13 Paragraph 6(2)(d)
Prohibits omission of specified subsection and paragraph
14 Subsection 45(8A)
Replace subsection (2) with subsection (1)
15 Subsection 45(9)
Omit 'subsection (2)' and substitute 'subsection (1)'
16 Paragraph 51(2)(a)
Repeal certain acts and practices related to employee remuneration and working conditions.
17 At the end of paragraph 51(2)(b)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.28
18 Paragraphs 51(2)(c) and (d)
Repeal certain provisions of contracts and concerted practices.
19 Paragraph 51(2)(g)
Provide full and accurate particulars of provision or concerted practice within 14 days after contract or arrangement is made, or before 8 September 1976.
Obligation to provide full and accurate particulars.
Condition for providing full and accurate particulars.
Full and accurate particulars were given within 14 days after contract or arrangement was made, or before 8 September 1976.
Alternative condition for providing full and accurate particulars.
20 After subsection 51(2)
Particulars of method of fixing, controlling or maintaining prices must be included.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.29
Must provide particulars of method of fixing, controlling or maintaining prices.
21 Subsection 51(4)
22 Paragraph 84(1)(b)
23 Paragraph 84(3)(b)
24 Paragraph 93AB(1)(a)
Substitute paragraph 45(1)(a) for paragraph 45(2)(a)
25 Paragraph 93AB(1)(b)
Substitute paragraph 45(1)(b) for paragraph 45(2)(b)
26 Subsection 93AC(2)
Replace specific paragraph references with new ones.
27 Subsection 166(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.30
28 Subsection 166(1)
Omit specific words from contract or arrangement definitions.
29 Subsection 166(3)
Omit specific phrase from contracts, arrangements, or understandings.
30 Subsection 45(8A) of Schedule 1
31 Subsection 45(9) of Schedule 1
32 Paragraph 51(2)(a) of Schedule 1
Repeal certain acts and practices related to employee remuneration, conditions of employment, hours of work, or working conditions.
33 At the end of paragraph 51(2)(b) of Schedule 1
34 Paragraphs 51(2)(c) and (d) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.31
Prohibits the provision or concerted practice.
any provision of a contract, arrangement or understanding; or any concerted practice;
Prohibits competition between the partnership and a party.
competition between the partnership and a party to the contract, arrangement, understanding or concerted practice, while the party is, or after the party ceases to be, a partner;
35 Paragraph 51(2)(g) of Schedule 1
Repeal paragraph and substitute with new provision related to export of goods from Australia or supply of services outside Australia.
36 After subsection 51(2) of Schedule 1
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37 Subsection 51(4) of Schedule 1
1 Section 4D
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.33
2 Section 76C
3 Subsection 93AC(1)
Commission may give corporation an objection notice if certain conditions are met.
Commission has the power to give an objection notice.
4 Paragraph 10.08(1)(a)
5 Subsection 10.08(1)
1 Subsection 4(1)
Defines contract and party in relation to a covenant.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.34
Party to a contract is included in the contract.
Subclass relationship between party and person.
Party, to a contract that is a covenant, includes a person bound by,...
Person is a subclass of party in this context.
2 Subsection 4(3)
3 Subsection 4(3)
Omit “or the covenant” (wherever occurring).
4 Paragraph 4F(1)(a)
Prohibits omission of specified phrases.
5 Subparagraph 4F(1)(a)(i)
6 Subparagraph 6(2)(b)(i)
7 Paragraph 6(2)(e)
8 Section 44ZZRQ
9 Subsection 45(5)
Exempts conduct from section 48 if it is authorized under section 88 or would not contravene section 48 due to subsection 48(2).
10 Sections 45B and 45C
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.35
11 Subsection 46A(6)
12 Paragraph 87(3)(a)
Repeal paragraph and substitute with a provision that does not confer rights or impose duties on corporations.
Prohibits the conferral of rights or imposition of duties on corporations.
13 Subsection 87(3)
Omit specific phrase from subsection 87(3)
14 Paragraph 87(3)(c)
Omit “or covenant” (wherever occurring).
15 Paragraph 87(3)(d)
Omit certain individuals from the covenant
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.36
Prohibits certain individuals from benefiting from the covenant
16 Paragraph 87(3)(d)
17 Subsection 87(5)
18 Section 44ZZRQ of Schedule 1
19 Subsection 45(5) of Schedule 1
Exempts conduct from section 48 under certain conditions.
20 Sections 45B and 45C of Schedule 1
1 Subsection 47(10)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.37
2 Paragraph 47(10)(a)
Omit 'that conduct', substitute 'the conduct that constitutes the practice of exclusive dealing'
3 Paragraph 47(10)(b)
Omit “that conduct”, substitute ‘the conduct that constitutes the practice of exclusive dealing’.
4 Subsection 47(10A)
5 Subsection 47(10) of Schedule 1
6 Paragraph 47(10)(a) of Schedule 1
7 Paragraph 47(10)(b) of Schedule 1
8 Subsection 47(10A) of Schedule 1
1 Section 48
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.38
2 At the end of section 48
Exempts corporations from resale price maintenance if notice is given to Commission.
3 Subdivision A of Division 2 of Part VII (heading)
Repeal heading and substitute with new heading.
4 Section 93 (heading)
Repeal heading and substitute with new text.
93 Notification of exclusive dealing or resale price maintenance
Notification of exclusive dealing or resale price maintenance
5 Subsection 93(1)
5(1) Subsection 93(1)
Corporation must engage in conduct of a kind referred to in subsection 47(2) if it proposes to do so.
Must engage in conduct of a kind referred to in subsection 47(2)
(a) a corporation that engages, or proposes to engage, in conduct...
Subsection 93(1) is between Subsection 47(2) and Subsection 47(3)
5(8) Subsection 93(1)
Notice setting out particulars of conduct or proposed conduct may be given to the Commission.
6 Subsection 93(2)
Omit “may not give a notice”, substitute “or other person may not give a notice under subsection (1)”.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.39
7 Paragraph 93(2)(a)
Insert 'or other person' after 'corporation'
8 Paragraph 93(3A)(a)
Insertion of 'or other person' after 'corporation'
9 Paragraph 93(3A)(a)
Omit specified provisions and substitute with new section number.
10 Subsection 93(3A)
Insert 'or other person' after 'the corporation'
11 Subsections 93(5) and (6)
Insert “or other person” after “corporation”.
12 Subsection 93(7)
13 Subsection 93(7A)
Conditional commencement of notice under subsection (1)
14 Subsection 93(7B)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.40
15 Subparagraphs 93(7B)(b)(i) and (ii)
16 Subsection 93(7C)
17 Paragraph 93(7C)(b)
18 Paragraphs 93(8)(a) and (b)
19 Subsection 93(10)
20 Subsection 93A(2)
Omit ‘to the conduct or proposed conduct of which’
Substitute ‘or other person to whose conduct or proposed conduct’
21 At the end of section 96
No obligation for related corporate bodies to comply with subsection (1) in certain cases.
22 Section 48 of Schedule 1
23 At the end of section 48 of Schedule 1
Exemption from resale price maintenance regulation under certain conditions.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.41
Granting permission to engage in conduct
1 Section 88
Repeal section and substitute with new content.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.42
88 Commission may grant authorisations
88(1) Commission may grant authorisations
Commission may grant authorisation to engage in conduct specified in the authorisation.
88(2) Commission may grant authorisations
Commission may grant authorisations, excluding conduct by applicant and others specified in the application.
Commission permits conduct under certain conditions.
(2) While the authorisation remains in force, ...
...the provisions of Part IV do not apply.
Commission permits conduct during the duration of the authorisation.
Commission permits conduct until the authorisation expires.
Commission permits conduct under specific conditions.
88(3) Commission may grant authorisations
Non-compliance with conditions in authorisation
88(4) Commission may grant authorisations
Commission may grant a merger authorisation on the condition that a person must give, and comply with, an undertaking to the Commission under section 87B.
Obligation to comply with an undertaking
88(5) Commission may grant authorisations
Commission may grant separate authorisations for any of the conduct.
88(6) Commission may grant authorisations
Commission cannot grant authorisation before decision on application.
88(7) Commission may grant authorisations
Withdrawal of application for authorisation
Granting permission to withdraw an application
The Commission may grant authorisations.
An applicant for an authorisation may at any time, by writing to the Commission, withdraw the application.
2 Subsection 90(2)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.43
3 Subsections 90(5A) to (9)
Commission may give written notices to persons interested or applicants with specified information.
4 Subsection 90(9A)
Substitute clause in subsections (8A), (8B) and (9)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.45
5 Subsection 93(3)
Commission may give notice if conduct would substantially lessen competition without a benefit to the public.
Prohibition of conduct that would substantially lessen competition without a benefit to the public.
6 Subsection 93(3B)
Notify Commission under subsection (1) of conduct or proposed conduct.
7 At the end of Subdivision A of Division 2 of Part VII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.46
7(1) At the end of Subdivision A of Division 2 of Part VII
Commission may give corporation or person a written notice imposing conditions if certain grounds exist.
7(2) At the end of Subdivision A of Division 2 of Part VII
Commission must provide written statement of reasons for notice.
8 Subsection 93AB(2)
Substitute ‘one or more other persons (the target or targets)”.
9 Subsection 93AB(3) (heading)
Repeal heading and substitute with new text
10 Subsection 93AB(3)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.47
11 Subsection 93AB(3)
Omit 'the target' and substitute 'that target or those targets'.
12 Subsection 93AB(4) (heading)
13 Paragraphs 93AB(4)(a) and (b)
14 After subsection 93AB(7)
A collective bargaining notice may be expressed to be given on behalf of persons who become members of the group after the notice is given.
15 After subsection 93AC(2)
Corporation must provide notice if giving collective bargaining notice related to collective boycott conduct.
16 After section 93AC
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.48
16(1) After section 93AC
Commission may impose conditions on corporation's collective boycott conduct.
16(2) After section 93AC
17 Paragraph 93AD(1)(a)
Repeal paragraph, substitute with new provision
18 Paragraph 93AD(3)(c)
Repeal paragraph and substitute with new provision
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.49
19 Subsection 93AD(3) (note)
Prohibits collective boycott conduct while a stop notice is in force.
20 At the end of section 93AD
Commission may determine expiry of collective bargaining notice
21 At the end of Subdivision B of Division 2 of Part VII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.50
93AG Stop notice for collective boycott conduct
93AG(1) Stop notice for collective boycott conduct
Stop notice for collective boycott conduct
(a) the corporation has given the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct;
The corporation must not engage in collective boycott conduct.
Defines temporal interval for stop notice
(c) there has been a material change of circumstances since: (i) if the Commission has previously given the corporation notice under this subsection in relation to the collective boycott conduct—that notice was given;
The temporal interval for the stop notice is defined by the material change of circumstances.
(d) the Commission reasonably believes that: (i) the collective boycott conduct has resulted in serious detriment to the public;
The recurring trace for the stop notice is defined by the seriousness of detriment.
Imposes obligation on corporation to comply with stop notice
(1) The Commission may give a corporation a written notice (a stop notice) if:
The corporation is obligated to comply with the stop notice.
Establishes implication between collective bargaining notice and stop notice
If the corporation gives a collective bargaining notice, it must receive a stop notice.
93AG(2) Stop notice for collective boycott conduct
Commission must provide written statement of reasons for stop notice. Stop notice for collective boycott conduct
93AG(3) Stop notice for collective boycott conduct
Collective bargaining notice not in force under section 93AD for collective boycott conduct
Obligation to comply with section 93AD for collective boycott conduct
(3) While the stop notice is in force, the collective bargaining notice is taken
for the purposes of this Act, not to be in force under section 93AD
Stop notice and collective bargaining notice overlap in time
Collective bargaining notice repeats for each instance of collective boycott conduct
Collective bargaining notice diffuses to other sections of the Act
State recognizes collective bargaining notice as a subclass of collective boycott conduct
93AG(4) Stop notice for collective boycott conduct
93AG(5) Stop notice for collective boycott conduct
Stop notice ceases at the end of a specified period or upon objection from the Commission.
(5) The stop notice ceases to be in force...
...the Commission gives the corporation an objection notice under subsection 93AC(1)
Describes a temporal interval during which the stop notice is in force
(5) The stop notice ceases to be in force at the earliest...
Describes a temporal relationship between the stop notice and its cessation
Describes how the prohibition is disseminated or communicated
Describes how the prohibition is recognized or acknowledged
93AG(6) Stop notice for collective boycott conduct
Defines a period for the stop notice in collective boycott conduct
93AG(7) Stop notice for collective boycott conduct
Commission may extend period of collective boycott conduct by up to 90 days with written notice.
93AG(8) Stop notice for collective boycott conduct
Commission must provide written statement of reasons for giving notice.
22 Division 3 of Part VII
Repeal Division and substitute with Schedule 9
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.51
95AA Commission may determine class exemptions
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95AA(1) Commission may determine class exemptions
Commission may determine class exemptions
95AA(2) Commission may determine class exemptions
Commission may specify limitations on class exemptions
95AA(3) Commission may determine class exemptions
95AA(4) Commission may determine class exemptions
95AA(5) Commission may determine class exemptions
95AB Commission may withdraw the benefit of class exemption in
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.53
95AB(1) Commission may withdraw the benefit of class exemption in
Commission may withdraw the benefit of class exemption if conduct substantially lessens competition.
Prohibits conduct that would have a detrimental effect on competition.
(a) a determination in force under section 95AA specifies a kind of conduct; and (b) the Commission is satisfied that particular conduct of that kind engaged in by the person: (i) would have the effect, or would be likely to have the effect, of substantially lessening competition; and (ii) would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result from the conduct.
The Commission may give a person a written notice if the conduct is prohibited.
95AB(2) Commission may withdraw the benefit of class exemption in
Commission must provide written statement of reasons for withdrawing class exemption notice.
Must provide written statement of reasons
95AB(3) Commission may withdraw the benefit of class exemption in
Determination does not apply to conduct engaged in by person while notice is in force.
Exclusion of determination from conduct engaged in while notice is in force.
(3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.
Exclusion of determination from conduct engaged in while notice is in force, within a temporal interval.
95AB(4) Commission may withdraw the benefit of class exemption in
Commission may withdraw the benefit of class exemption notice
23 After section 101A
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.54
101B Application for review of notice under section 95AB
101B(1) Application for review of notice under section 95AB
Dissatisfied person may apply for review of notice within prescribed time.
101B(2) Application for review of notice under section 95AB
Tribunal must review notice if person has sufficient interest
Review must occur after notice was given
24 After subsection 102(5)
Tribunal must make a determination setting aside the notice if conditions are not met.
Tribunal must make a determination setting aside the notice.
25 After subsection 102(5AB)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.55
The person who applied for the review satisfies the Tribunal that...
The review of notice must be completed within a certain timeframe.
Upon a review of the giving of a notice...
The review is completed within a certain timeframe.
The Tribunal must make a determination on recurring reviews.
If the person who applied for the review does not so satisfy...
The notice is diffused to other parties if conditions are met.
If the person who applied for the review satisfies...
The notice is diffused to other parties.
The corporation's conduct or proposed conduct is classified as a certain type.
The conditions relating to the conduct or proposed conduct have been imposed...
The corporation's conduct or proposed conduct is classified.
26 After subsection 102(5C)
26(5D) After subsection 102(5C)
Tribunal must make a determination setting aside the notice if person satisfies certain conditions.
26(5E) After subsection 102(5C)
Satisfies the Tribunal that Schedule 9 Authorisations, notifications and class exemptions
Schedule 9 Authorisations, notifications and class exemptions
27 Subsection 4(1) (definition of authorisation)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.57
28 Subsection 4(1) (definition of clearance)
29 Subsection 4(1)
Defines collective boycott conduct and merger authorisation.
Classifies the defined terms into categories.
30 Subsection 8A(6)
31 Subsection 8A(6)
Omit specified subsections from Schedule 9
Prohibits omitting specified subsections
32 Subsection 25(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.58
33 Section 29P
34 Paragraph 44ZZRR(1)(b)
Substitute section number in subsection 88(8A) with section 88.
35 Subsection 44ZZRS(1)
Omit specified text and substitute with new text.
36 Paragraph 44ZZRS(2)(a)
Omit specific text and substitute with alternative phrase.
37 Subparagraph 44ZZRS(2)(b)(i)
Omit specified subsection and substitute with section.
38 Paragraphs 44ZZRT(1)(b) and (2)(b)
Omit specified subsection, substitute with section.
Prohibits omission of specified subsection.
39 Paragraph 45(6)(a)
40 Subparagraph 45(6)(b)(i)
Omit 'subsection 88(8)', substitute 'section 88'.
41 Subsection 45(6A)
Omit 'subsection 88(8B)', substitute 'section 88'.
42 Subsection 45(9)
Permits corporation to apply for authorisation under section 88
43 Subsection 45D(1) (note 1)
44 Subsection 45DA(1) (note 1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.59
45 Subsection 45DB(1) (note 1)
Omit specified subsection and substitute with section number.
Prohibits omission of subsection and substitution with section number.
46 Subsection 45E(8) (note)
Substitute section 88 for subsection 88(7A)
47 Section 45EA (note)
Omit subsection 88(7A), substitute section 88.
48 Subsection 46A(6)
49 Subsection 49(1) (note)
Substitute section 88 for subsection 88(8B)
50 Subsections 50(1) and (2) (note)
Omit certain words and substitute others in a provision.
51 Paragraphs 50(4)(b) and (c)
52 Paragraph 50(4)(d)
53 Subsection 50(5)
54 Subsection 75B(1)
55 Subparagraph 76(1)(a)(iii)
56 Paragraphs 76(1A)(c) and (1B)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.60
57 Section 76A (heading)
76A Defence to proceedings under section 76 relating to a
Defence to proceedings under section 76 relating to a contravention of section 92
58 Subsection 76A(2)
59 Section 76B (heading)
76B What happens if substantially the same conduct is a
Substantially the same conduct is a contravention of Part IV or section 92 and an offence.
60 Subsections 76B(2) to (4)
61 Paragraph 76B(5)(a)
62 Section 80AC (heading)
80AC Injunctions to prevent mergers if authorisation granted on the
Prevent mergers based on false or misleading information
Prohibits mergers based on false or misleading information
Merger occurs during time period classified as based on false or misleading information
Time period classified as based on false or misleading information
Mergers are prohibited until false or misleading information is corrected
63 Subsection 80AC(1)
64 Paragraph 80AC(1)(b)
65 Paragraphs 80AC(1)(d) and (e)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.61
66 Subsection 80AC(2)
67 Section 81A (heading)
81A Divestiture where merger done under authorisation granted on
Divestiture where merger done under authorisation granted on false etc. information
68 Paragraph 81A(1)(b)
69 Paragraph 81A(1)(d)
70 Paragraphs 81A(1)(e) and (f)
71 Subsections 81A(3) and (6)
72 Subsection 86C(4) (paragraph (a) of the definition of
73 Subsection 87B(1A)
Omit specific clearance or authorisation, substitute with merger authorisation.
Prohibits specific clearance or authorisation.
74 Part VII (heading)
Repeal heading and substitute with new title
75 Division 1 of Part VII (heading)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.62
76 Subsection 87ZP(1) (definition of authorisation)
77 Paragraph 89(1)(a)
Omit 'prescribed by the regulations', substitute 'approved by the Commission in writing'.
Prohibits 'prescribed by the regulations'
78 After subsection 89(1)
The form may require an application for a merger authorisation to contain an undertaking under section 87B.
Obligation to contain an undertaking under section 87B
79 At the end of section 89
Disclosure of information under certain conditions.
80 Subsection 90(5)
Omit 'authorization', substitute 'authorisation other than a merger authorisation'.
81 Subsection 90(10)
Omit specific authorization, substitute with merger authorization.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.63
82 After subsection 90(10A)
Commission's failure to determine an application for a merger authorisation within the specified period is taken as refusal to grant the authorisation.
Commission's failure to act within a specified period is taken as refusal.
83 Subsection 90(11)
Omit 'an authorisation under subsection 88(9)', substitute 'an overseas merger authorisation'.
Prohibits the use of an authorisation under subsection 88(9)
84 Subsection 90(12)
Modify subsection (11) to refer to base period as subsection (10B) or (11)
85 Subsection 90(12)
Replace 'subsection (11)' with 'that subsection'
86 Subsection 90(13)
Replace 'subsection (11)' with 'subsection (10B) or (11)'
Replace 'subsection (11)' with 'subsection (10B) or (11)',
87 Subsection 90(15)
Omit 'an authorisation under subsection 88(9)', substitute 'a merger authorisation'.
88 Subsection 90A(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.64
89 Paragraph 90B(2)(c)
Substitute subsection 90(6A) for subsection 90(2)
90 Paragraph 90B(2)(c)
91 Subsection 91(2A)
92 Subsections 91A(3) to (5)
92(2A) Subsections 91A(3) to (5)
Subsection 90(6) applies in relation to an application for a minor variation of an authorisation.
Subsection applies in relation to application.
Application for minor variation of authorisation.
92(3) Subsections 91A(3) to (5)
Commission may make a determination varying authorization or dismissing application after considering specified factors.
Commission must take into account submissions and information received within periods
(b) any submissions that are received within the period specified under paragraph (2)(b);
after considering specified factors within a period
(c) any information received under paragraph 90(6)(b) or (c) (as that paragraph applies because of subsection (2A) of this section) within the period specified in the notice mentioned in that paragraph;
Commission need not take into account submissions or information received after end of periods
(d) any information obtained from consultations under paragraph 90(6)(d) (as that paragraph applies because of subsection (2A) of this section).
92(4) Subsections 91A(3) to (5)
Commission cannot make a determination varying an authorisation in relation to conduct unless certain conditions are met.
Prohibition of varying an authorisation in relation to conduct
92(4A) Subsections 91A(3) to (5)
Commission need not have regard to conduct unaffected by variation.
(4A) For the purposes of subsection (4),
need not have regard to conduct that is unaffected by the variation.
the Commission need not have regard to conduct that is unaffected by the variation.
92(5) Subsections 91A(3) to (5)
Subsections 90(10B), (12) and (13) apply in relation to an application for a minor variation of a merger authorisation that is not an overseas merger authorisation.
93 Subsections 91B(4) and (5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.65
93(3A) Subsections 91B(4) and (5)
Subsection 90(6) applies in relation to an application for a revocation of an authorisation.
in relation to an application for a revocation of an authorisation.
Subsection applies in relation to temporal interval.
Subsection applies in relation to trace.
93(3B) Subsections 91B(4) and (5)
Subsection 90(6) applies in relation to a proposal for a revocation of an authorisation.
Subsection applies in relation to a proposal.
Proposal for revocation of authorisation.
94 Subsection 91C(4)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.67
94(3A) Subsection 91C(4)
Subsection 90(6) applies in relation to an application for a revocation and substitution of an authorisation.
Subsection applies in relation to an application.
in relation to an application for a revocation and substitution of an authorisation.
94(3B) Subsection 91C(4)
Subsection 90(6) applies in relation to a proposal for revocation and substitution of an authorisation.
94(4) Subsection 91C(4)
Commission may revoke or substitute authorisation after considering submissions and information.
Commission may revoke or substitute authorisation.
95 Subsection 91C(5)
Omit 'an authorization', substitute 'an authorisation other than a merger authorisation'.
96 Paragraph 91C(6)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.68
97 Paragraph 91C(6)(a)
98 Subsection 91C(7)
Substitute subsection 90(7) for omitted subsections
99 After subsection 91C(7)
Application for revocation and substitution of merger authorization
100 At the end of Division 1 of Part VII
92 Providing false or misleading information
92(1) Providing false or misleading information
Giving false or misleading information in connection with a merger authorization is prohibited.
Prohibition of providing false or misleading information.
The person is negligent as to whether the information is false or misleading in a material particular.
The provision prohibits giving false or misleading information.
Prohibition of providing false or misleading information in connection with a merger authorization.
The provision prohibits giving false or misleading information in connection with a merger authorization.
Implication of prohibition on providing false or misleading information.
Providing false or misleading information implies a breach of the provision.
Prohibition of providing false or misleading information in connection with a merger authorization and its revocation.
The provision prohibits giving false or misleading information in connection with a merger authorization and its revocation.
92(2) Providing false or misleading information
Proof of negligence implies material falsity or misleadingness.
101 Paragraph 93(1A)(a)
Omit 'prescribed by the regulations' and substitute 'approved by the Commission in writing'.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.69
Substitute ‘approved by the Commission in writing’
Replaces 'prescribed by the regulations' with 'approved by the Commission in writing' at a specific point in time
102 Subsection 93(3A)
Insertion of statement setting out reasons for satisfaction
103 Subsections 93(4) to (6)
104 Paragraph 93(7A)(b)
105 Subparagraph 93(7B)(b)(ii)
Prohibits omitting specified subsections.
106 At the end of subsection 93(7C)
Notice requirement after Commission notification
107 Subsection 93(9)
Omit specific references from subsections.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.70
Prohibits omitting specified references.
108 Paragraph 93(10)(a)
Substitute subsections (3), (3A) or (3B)
109 Section 93AA (definition of objection notice)
Omit specific subsections from a definition.
110 Subsection 93AB(1) (heading)
111 Paragraph 93AB(6)(a)
112 Subsections 93A(1), (3), (4) and (10A)
113 Paragraph 95(1)(ga)
Insertion of clause (c) after clause (b)
114 Division 1 of Part IX (heading)
115 Subsection 101(1A)
Omit specific subsections from Schedule 9
116 Paragraph 101(1B)(a)
Omit specific authorization term and substitute with overseas merger authorisation.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.71
117 After subsection 101(1B)
Give an undertaking under section 87B not to make the acquisition while the Tribunal is considering the application.
118 Subsection 101(2)
118(2) Subsection 101(2)
Review by Tribunal is a re-hearing unless specific conditions apply.
Prohibits re-hearing by Tribunal unless specific conditions apply.
118(3) Subsection 101(2)
Applicability of subsections to the Tribunal
in like manner as they apply in relation to the Commission
Temporal intervals are relevant for applicability
Subsections have a dialectical relationship with the Tribunal
119 Section 101A (heading)
101A Application for review of notices under Division 2 of Part VII
120 Section 101A
Substitute specific subsection references in Schedule 9
121 At the end of subsection 102(1)
Note on limitations of merger authorisations
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.72
122 After subsection 102(1)
Tribunal must make determination on review within specified period.
123 Paragraph 102(1A)(a)
Omit specific authorization term and substitute with a new one.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.73
Prohibits the use of an outdated authorization term.
Omit 'an authorisation under subsection 88(9)'
Substitute with 'an overseas merger authorisation'
124 Paragraph 102(1A)(b)
125 Paragraph 102(1A)(c)
Repeal paragraph and substitute with revocation of overseas merger authorisation and substitution of another overseas merger authorisation.
Imposes prohibition on revoking and substituting overseas merger authorisations.
126 Sub-subparagraph 102(4)(a)(ii)(B)
Omit 'constituted by any lessening of competition'
Prohibits the omission of a phrase in general
Prohibits the omission of a phrase in specific contexts
Specific prohibition on omitting phrases in specific contexts
127 Subsection 102(5AC)
128 At the end of section 102
Subsections (9) and (10) apply to a review of a determination of the Commission in relation to an application for a merger authorisation or an application for a minor variation of a merger authorisation.
129 Section 102A
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.74
130 Subsection 109(1A)
131 Division 3 of Part IX
132 Section 150J
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.75
133 Subparagraph 155(2)(b)(iv)
134 Paragraph 157(1)(a)
135 Paragraph 157(1)(ba)
136 Section 157AA
137 Subsection 163(5)
138 Paragraph 165(1)(a)
139 Subsection 165(3A)
140 Paragraph 170(3)(a)
141 Subparagraph 170(3)(b)(ii)
142 Subsection 172(2B)
143 Subsection 172(3)
144 Section 174
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.76
145 At the end of section 174
Reference to subsection or paragraph as in force before commencement of Schedule 9
146 Paragraph 44ZZRR(1)(b) of Schedule 1
Omit subsection 88(8A) and substitute section 88.
147 Subsection 44ZZRS(1) of Schedule 1
148 Paragraph 44ZZRS(2)(a) of Schedule 1
149 Subparagraph 44ZZRS(2)(b)(i) of Schedule 1
Omit subsection 88(8) and substitute section 88.
150 Paragraphs 44ZZRT(1)(b) and (2)(b) of Schedule 1
151 Paragraph 45(6)(a) of Schedule 1
Prohibits omission of specified provisions
152 Subparagraph 45(6)(b)(i) of Schedule 1
153 Subsection 45(6A) of Schedule 1
Substitute section 88 in subsection 88(8B) of Schedule 1.
154 Subsection 45(9) of Schedule 1
Granting permission for authorisation under section 88
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.77
155 Subsection 45D(1) of Schedule 1 (note 1)
Omit specified subsection, substitute with new section number.
156 Subsection 45DA(1) of Schedule 1 (note 1)
157 Subsection 45E(8) of Schedule 1 (note)
158 Section 45EA of Schedule 1 (note)
Omit subsection 88(7A) and substitute section 88.
159 Subsection 49(1) of Schedule 1 (note)
Imposes a duty on the state to substitute section 88 for subsection 88(8B)
160 Subsection 50(1) of Schedule 1 (note)
Imposes an obligation on the legislative body
161 Paragraphs 50(4)(b) and (c) of Schedule 1
162 Paragraph 50(4)(d) of Schedule 1
163 Subsection 50(5) of Schedule 1
164 Section 68A
Repeal section and substitute with new schedule
68A Authorisation under spectrum licence taken to be an
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.78
68A(1) Authorisation under spectrum licence taken to be an
Authorisation under spectrum licence is taken to be an acquisition by the person of an asset of another person.
(authorisation under subsection 68(1) of this Act)
(acquisition by the person of an asset of another person)
68A(2) Authorisation under spectrum licence taken to be an
Authorisation under spectrum licence is an obligation for the State.
The text states a fact about the spectrum licence.
165 Section 71A
Repeal section and substitute with new provision
71A Issue of spectrum licence taken to be an acquisition of an asset
71A(1) Issue of spectrum licence taken to be an acquisition of an asset
The issue of a spectrum licence is taken to be an acquisition by the person of an asset of another person.
71A(2) Issue of spectrum licence taken to be an acquisition of an asset
The provisions of the Competition and Consumer Act 2010 are applicable.
71A(3) Issue of spectrum licence taken to be an acquisition of an asset
Exemption from subsection (1) for re-issue of spectrum licence under section 82.
166 Section 106A
Repeal section and substitute with new provisions
106A Issue of apparatus licence taken to be an acquisition of an
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.79
106A(1) Issue of apparatus licence taken to be an acquisition of an
Issue of apparatus licence is an acquisition by the person.
106A(2) Issue of apparatus licence taken to be an acquisition of an
The provisions of the Competition and Consumer Act 2010 are specified.
The excerpt specifies provisions that must be included.
106A(3) Issue of apparatus licence taken to be an acquisition of an
Exemption from subsection (1) for certain transmitter licences.
(3) Subsection (1) does not apply to a transmitter licence issued under section 102 or to an NBS transmitter licence.
Inference of exemptions from subsection (1)
Identification of entities involved in exemptions
106A(4) Issue of apparatus licence taken to be an acquisition of an
Exemption from subsection (1) for renewal of apparatus licence
167 Section 114A
114A Authorisation under apparatus licence taken to be an
114A(1) Authorisation under apparatus licence taken to be an
Authorisation under apparatus licence is taken to be an acquisition by the person of an asset of another person.
(1) For the purposes of the provisions of the Competition and Consumer Act 2010 mentioned in subsection (2)
(a) an acquisition by the person of an asset of another person;
114A(2) Authorisation under apparatus licence taken to be an
Authorisation under apparatus licence is an obligation for the State.
1 Section 83
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.81
83 Findings and admissions of fact in proceedings to be evidence
83(1) Findings and admissions of fact in proceedings to be evidence
Findings and admissions of fact in proceedings are prima facie evidence.
83(2) Findings and admissions of fact in proceedings to be evidence
Provision for proof of findings or admissions in court proceedings
Document under the seal of the court or a document filed in the court
2 Application provision
Applicable to findings of fact and admissions made after commencement.
1 Subsection 155(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.82
2 After subsection 155(1)
Matter must be a matter that constitutes or may constitute a contravention of the Act.
3 After subsection 155(5A)
3(5B) After subsection 155(5A)
Exemption from duty to produce documents under certain circumstances.
Written response including scope and limitations of search.
Granting permission to a person under certain circumstances.
The notice relates to producing documents; and the person proves that, after a reasonable search, the person is not aware of the documents;
Paragraph (5)(a) does not apply to the extent that...
The person's belief about their awareness of the documents.
the person proves that, after a reasonable search, the person is not aware of the documents;
the person provides a written response to the notice,
The person's actions in relation to the search.
the person provides a written response to the notice, including a description of the scope and limitations of the search.
the person is not aware of the documents;
A defendant bears a legal burden in relation to the matter in paragraph (5B)(b) (see section 13.4 of the Criminal Code).
3(6) After subsection 155(5A)
Guidelines for determining reasonableness of a search
Duty to consider certain factors when determining reasonableness of a search
(6) For the purposes of (but without limiting) paragraph (5B)(b)
a determination of whether a search is reasonable may take into account...
Temporal interval for consideration of certain factors when determining reasonableness of a search
(a) the nature and complexity of the matter to which the notice relates;
...the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
Temporal limit for consideration of certain factors when determining reasonableness of a search
Spread of consideration of certain factors when determining reasonableness of a search
(c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
Use of artificial intelligence in consideration of certain factors when determining reasonableness of a search
4 Subsection 155(6A)
Omit specified fine and imprisonment terms.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.83
5 Existing section 155 notices
Continuation of existing notices under subsection 155(1) of the Competition and Consumer Act 2010
Section 155 of the Competition and Consumer Act 2010 applies
1 Section 44B
Defines declaration criteria for a service.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.84
2 After section 44C
44CA Meaning of declaration criteria
44CA(1) Meaning of declaration criteria
Declaration criteria for a service must meet four conditions.
44CA(2) Meaning of declaration criteria
Consider facility expansion when determining capacity.
Mandatory consideration of facility expansion.
(2) For the purposes of paragraph (1)(b):
Facility capacity is considered in relation to its expanded capacity.
(a) if the facility is currently at capacity, and it is reasonably possible to expand that capacity,
Facility expansion costs are considered in relation to its expanded capacity.
(b) without limiting paragraph (1)(b), the cost referred to in that paragraph includes all costs associated with having multiple users of the facility (including such costs that would be incurred if the service is declared).
Facility expansion consideration implies a duty to consider its expanded capacity.
44CA(3) Meaning of declaration criteria
Council must have regard to the effect of declaring the service on investment and administrative costs.
Council must consider the impact of declaring the service.
(3) Without limiting the matters to which the Council may have regard...
The Council must consider the effect of declaring the service.
Council's consideration is within a specific timeframe.
The Council must consider the effect of declaring the service between now and a future point.
Council's consideration implies a duty to declare the service.
The Council must consider the effect of declaring the service if it is declared.
Council's consideration spreads to other entities.
The Council's consideration of investment and administrative costs spreads to other entities.
Council's consideration is a type of knowledge.
The Council's consideration is a type of knowledge about investment and administrative costs.
3 Paragraph 44D(2)(a)
The provider must be a State or Territory body with control over facility conditions.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.85
The provider must be a State or Territory body.
4 Paragraph 44D(4)(a)
A State or Territory body with control over service conditions
5 Subsection 44F(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.86
5(1) Subsection 44F(1)
Service subject to regime or undertaking
(a) the service is the subject of a regime for which a decision under section 44N that the regime is an effective access regime is in force
the service is not eligible for declaration
(d) there is a 15-year no-coverage determination in force under the National Gas Law in respect of the pipeline
(b) the service is the subject of an access undertaking in operation under Division 6
Service specified in facility tender process
(c) if a decision is in force under subsection 44PA(3) approving a tender process, for the construction and operation of a facility, as a competitive tender process—the service was specified, in the application for that decision, as a service proposed to be provided by means of the facility
(e) there is a decision of the designated Minister in force under section 44LG that the service is ineligible to be a declared service
5(1A) Subsection 44F(1)
Council must give written notice explaining why certain paragraphs apply and that an application cannot be made for a service.
6 Subsection 44F(2)
7 Subsection 44F(4)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.87
8 Subsection 44F(8)
9 At the end of section 44FA
Information given in response to a notice under this section must be made publicly available, subject to any confidentiality concerns.
10 Section 44G
44G Criteria for the Council recommending declaration of a service
The Council must satisfy all declaration criteria before recommending a service.
The Council must satisfy all declaration criteria.
11 Subsections 44H(2) to (6C)
The designated Minister must be satisfied of all declaration criteria before declaring a service.
12 Subsection 44H(9)
Mandatory decision-making and publication within a specified timeframe.
13 Subsection 44J(2)
Cannot recommend revocation of a declaration unless certain conditions are met.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.88
Prohibition on recommending revocation of a declaration
14 Paragraph 44LB(3)(b)
Omit ‘matters referred to in subsection 44G(2)’
substitute ‘declaration criteria for the service’
15 Paragraph 44LG(5)(b)
Omit ‘matters referred to in subsection 44H(4)’
16 Subsection 44LG(7)
17 Paragraph 44LI(2)(a)
Omit specific text and substitute with new phrase.
18 Subsection 44LI(10)
19 Application and transitional provisions
Amendments apply in relation to applications made under subsection 44F(1) of the Competition and Consumer Act 2010 on or after commencement.
20 After Subdivision C of Division 2A of Part IIIA
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.90
20(1) After Subdivision C of Division 2A of Part IIIA
The Council must consider recommending the Commonwealth Minister revoke a decision if an access regime is deemed ineffective. Request for information from a person
The Council must consider recommending the Commonwealth Minister revoke a decision.
(b) must, on an application made under subsection (3);
The decision was made between a certain date and another date.
that a regime established by a State or Territory for access to a service is an effective access regime, the Council: (a) may, on its own initiative;
consider whether to recommend that the Commonwealth Minister revoke the decision.
The Council may give a person a written notice...
The person must provide the specified information.
Temporal interval: Request for information -> Obligation to provide information
The person must provide the specified information within a specified period.
The obligation is contained within the temporal interval of the request.
Inference: Request for information -> Obligation to provide information
If the Council requests information, then the person must provide it.
Class hierarchy: Request for information -> Obligation to provide information
The request is an obligation to provide information.
20(2) After Subdivision C of Division 2A of Part IIIA
The Council must give a copy of the notice to certain persons. Publish a notice and provide it to certain parties before considering revoking a decision.
The Council must give a copy of the notice.
20(3) After Subdivision C of Division 2A of Part IIIA
Any of the following may make a written application to the Council asking it to recommend that the Commonwealth Minister revoke the decision.
Permission to make a written application
20(4) After Subdivision C of Division 2A of Part IIIA
Council must consider recommendation in accordance with subsection 44M(4)
20(5) After Subdivision C of Division 2A of Part IIIA
Consider substantial changes or amendments to principles before making a recommendation.
20(6) After Subdivision C of Division 2A of Part IIIA
Council must recommend revocation in writing if satisfied.
The Council must recommend revocation in writing.
20(7) After Subdivision C of Division 2A of Part IIIA
The Council must, in writing, recommend to the Commonwealth Minister that he or she not revoke the decision.
21 Subsection 44NC(1)
Omit 'or 44NA', substitute with specific alternatives.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.93
22 Subsection 44NC(2)
Insert clause after 'the application is received'
23 Subsection 44NC(3)
24 Subsection 44NC(3) (at the end of the table)
Request for information in relation to an application or consideration
25 Subsection 44NC(5)
Insertion of condition into applicant's name
26 Paragraph 44NC(8)(a)
27 Paragraph 44NC(9)(a)
Substitute applicant if Commission is not acting on its own initiative
Commission is not acting on its own initiative
28 Subsection 44NE(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.94
29 Subsection 44NE(3)
30 Subparagraph 44NE(6)(c)(iii)
31 Subsection 44NF(1)
Omit 'or 44NA', substitute ', 44NA or 44NBA'
32 Paragraphs 44NF(2)(a) and (4)(a)
Insertion of a condition after certain references
33 Subsection 44NG(1)
34 Paragraphs 44NG(2)(a) and (3)(a)
35 After subsection 44O(1)
No one may apply for a recommendation under section 44NBA(3) after the Commonwealth Minister has made a decision under section 44NBC.
Prohibition of application after decision made
Decision under section 44NBC has been made
No one may apply for a recommendation under section 44NBA(3)
36 Paragraph 44ZZOAAA(3)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.95
Prohibits omitting or substituting references.
37 Application of amendments
Amendments apply in relation to decisions under section 44N of the Competition and Consumer Act 2010 made on or after 1 January 2017.
38 After subsection 44V(2)
Require provider to expand facility capacity or geographical reach.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.96
39 Paragraph 44W(1)(d)
Insertion of expansion clause into paragraph 44W(1)(d)
40 Paragraph 44W(1)(e)
Provider must bear costs of extending facility
41 Paragraph 44X(1)(e)
42 Paragraph 29O(a)
Omit 'or 44NA', substitute ', 44NA or 44NBA'.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.97
43 Subparagraph 29O(b)(ii)
Repeal and substitute a subparagraph with a new provision.
44 Paragraph 29O(2)(a)
45 Subparagraph 29O(2)(b)(ii)
1 In the appropriate position in Part XIII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.98
180 Definitions
Definitions for amended Act and amending Act
181 Amendment of the definition of competition
Amendment of definition of competition commences at a specified time.
182 Orders under section 87
No amendments apply to existing orders under section 87
183 Authorisations under section 88
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.99
183(1) Authorisations under section 88
Continuation of authorisation under section 88
183(2) Authorisations under section 88
Application for authorisation under section 88 is taken to be an application made under the amended Act if made before commencement time.
183(3) Authorisations under section 88
Authorisation granted before commencement time is taken to be an authorisation under section 88 as amended by Schedule 9.
Authorisation is permitted under section 88 as amended by Schedule 9.
(3) An authorisation granted before the commencement time...
...taken to be (and may be dealt with as) an authorisation:
The authorisation overlaps with the commencement time.
...which had not come into force before the commencement time is, after the authorisation comes into force, taken to be (and may be dealt with as) an authorisation:
The authorisation repeats at the commencement time.
The authorisation diffuses to other provisions.
...that specifies the following provision or provisions of
The CogAI system recognises the authorisation.
184 Notices under section 93
Continuity of notices under section 93 after commencement
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.100
Temporal relationship between notice and commencement
Notice continues in force during this period
185 Merger clearances and authorisations
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.101
185(1) Merger clearances and authorisations
Continuation of former Division 3 clearances and authorisations
185(2) Merger clearances and authorisations
Continue to apply despite repeal, unless certain conditions are met.
Repeal of Subdivisions A and B of Division 3 of Part VII
Continuity of clearance application despite repeal
Clearance application before commencement time
185(3) Merger clearances and authorisations
Continues to apply Subdivisions A and C of Division 3 of Part VII despite repeal.
185(4) Merger clearances and authorisations
Conditional application of amended Part IX to clearance determinations
185(5) Merger clearances and authorisations
Conditional exemption from subsection (4) for clearance determinations made before commencement time.
Conditional exemption from subsection (4)
185(6) Merger clearances and authorisations
Granting of authorisation after commencement time
185(7) Merger clearances and authorisations
Clearance granted before commencement time is taken to be an authorisation after clearance comes into force.
185(8) Merger clearances and authorisations
Section 92 applies to information given to the Commission or Tribunal, at or after the commencement time, under Division 3 of
1 Subsections 5(3), (4) and (5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.104
2 Application of amendments
Repeal of subsections applies to hearings and applications commencing after commencement.
3 Subsection 138B(2)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.105
4 Subsection 138C(1)
Modify subsection (2) of section 138C(1)
5 Subsection 138C(3)
6 Paragraph 138D(1)(b)
Repeal and substitute a provision with an obligation to determine matters under the Australian Consumer Law.
7 Paragraph 138E(1)(b)
Repeal and substitute a matter for determination in the proceeding.
8 Application of amendments
9 Paragraph 95(1)(gb)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.106
10 Paragraphs 95(1)(h) and (j)
11 At the end of section 132A of Schedule 2
Disclosure is not required for certain agencies or bodies.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.107
12 Subsection 79(5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.108
13 Application of amendments
Amendment applies to contraventions occurring on or after commencement.
14 Paragraphs 82(3)(a), (b), (c) and (d) of Schedule 2
Repeal paragraphs and substitute with new provisions regarding notice periods for consumer agreements.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.109
15 Paragraph 85(3)(a) of Schedule 2
Repeal paragraph, substitute with new termination period
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.110
16 Paragraph 85(6)(a) of Schedule 2
Repeal and substitute paragraph 85(6)(a) of Schedule 2 with a new provision regarding the termination of unsolicited consumer agreements.
17 Section 86 of Schedule 2 (heading)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.111
86 Prohibition on supplies etc.
18 Subsection 86(1) of Schedule 2
19 Paragraphs 86(1)(d) and (e) of Schedule 2
Repeal paragraphs and substitute with new provisions for calculating time limits.
20 Section 179 of Schedule 2 (heading)
179 Prohibition on supplies etc.
21 Paragraph 179(1)(b) of Schedule 2
22 Subparagraphs 179(1)(b)(i) and (ii) of Schedule 2
Substitute time period for agreement made
23 At the end of subsection 131(2)
Section 33 of Schedule 2 applies to Commonwealth conduct.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.113
Section applies to Commonwealth conduct.
24 Application of amendments
Amendment applies to conduct occurring on or after commencement.
25 After subsection 155(8)
Failure to comply with notice may result in court order.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.114
26 Application of amendments
Amendment applies in relation to refusal or failure to comply with notice given on or after commencement.
27 At the end of Chapter 6 of Schedule 2
Add at the end of Chapter 6 of Schedule 2
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.115
291 Application of amendments relating to confidentiality of notices
Amendment applies in relation to disclosures made on or after commencement of Part.
292 Application of amendments relating to prohibition on supplies
Amendments apply in relation to unsolicited consumer agreements made on or after commencement.